Why lethal injection vs. hanging debate has started again
What's the story
The Supreme Court of India is hearing a petition seeking to replace hanging with less painful methods of execution, such as lethal injection. The petition argues that hanging is "inhuman and cruel" and suggests alternatives like lethal injection, shooting, electrocution, or gas chamber. Senior advocate Rishi Malhotra emphasized the need for an option between hanging and lethal injection, citing its adoption in 49 out of 50 US states.
Argument
It may not be very feasible: Union
"At least give an option to the condemned prisoner whether he wants hanging or lethal injection. The lethal injection is quick, humane and decent, as opposed to hanging, which is cruel, barbaric and lingering...for 40 minutes, the body lingers on the rope," Malhotra argued. During the hearing on Wednesday, senior advocate Sonia Mathur, appearing for the Union, argued that "it may not be very feasible to give the option to death row convicts to choose lethal injection."
Court
Things have changed: SC
Mathur said that ultimately the issue raised involves a policy decision. After being apprised by the Union's opposition to the suggestion for alternative executions, the two-judge bench of the apex court, headed by Justices Vikram Nath and Sandeep Mehta, said, "The problem is, the government is not ready to evolve...it's (death by hanging) a very old procedure, things have changed over a period of time." The court posted the matter for the next hearing on November 11.
Government stance
Centre unwilling to consider alternatives to hanging
The central government has been reluctant to consider alternatives to hanging. In a counter-affidavit filed last year, it told the SC that hanging is far safer and faster than lethal injection or firing squad. In 2018, the Centre had also opposed removing the death penalty, stating that it was not "practically feasible" and was a policy choice that should be kept out of the court's purview. The petition dates back to 2017, but the outcome has yet to be determined.
Execution practices
Death penalty remains legal in around 50 countries
Globally, over 70% of countries have abolished capital punishment. However, it remains legal in around 50 nations, including India, the United States, China, and several Middle Eastern countries. In 2024 alone, China executed at least 1,518 people, though actual figures are believed to be much higher due to state secrecy. Meanwhile, Saudi Arabia's unprecedented surge this year saw at least 241 executions by August.
Abolition trends
Countries that abolished or amended death penalty laws
Recently, Zimbabwe and Malaysia abolished or amended their death penalty laws. Ghana's parliament also voted to abolish capital punishment in July 2023. In total, six countries fully or partially abolished the death penalty in 2022. Lethal injection is commonly used in the US, China, and Vietnam, although a South Carolina man became the first US death row inmate to be executed by firing squad in 15 years in March. He was convicted of bludgeoning his former girlfriend's parents to death.